List of issues : Paraguay. 03/05/94.
CRC/C.7/WP.2. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Seventh session
Pre-sessional Working Group
25-29 April 1994


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD
(CRC/C/3/Add.22)


List of issues to be taken up in connection with the
consideration of the initial report of Paraguay

General measures of implementation
(Arts. 4, 42 and 44 para. 6 of the Convention)

1. What measures have been taken or are foreseen to make the State party report widely available to the public at large (pursuant to article 44 of the Convention)?

2. Please provide further information on the steps taken or planned to ensure that the principles and provisions of the Convention are made widely known to adults and children, including those living in the rural areas, belonging to indigenous groups or speaking guarani (paras. 4 and 19 of the report).

3. Please provide information on the measures taken to increase the number of professionals working with and for children, including teachers, judges and law enforcement officials (para. 46 of the report) and to ensure that the training programmes developed for such professionals incorporate education about the Convention.

4. To what extent and in what ways are non-governmental organizations involved in monitoring the implementation of the Convention on the Rights of the Child by the State party?

5. In light of the automatic incorporation of the Convention into domestic law, have the provisions of the Convention been invoked in court?

6. Please provide additional information on the proposed adoption of a new juvenile code (para. 28 of the report)

7. Please provide further information about national institutions existing in Paraguay which are designed to coordinate and monitor the implementation of measures adopted to promote and protect the rights of the child recognized by the Convention.

8. Please provide further information about the measures taken to ensure that, pursuant to article 4 of the Convention, the allocation of available resources is ensured to the maximum extent possible both at the central and local levels to implement the economic, social and cultural rights of children.

9. To what extent is international cooperation designed to enhance implementation of the Convention on the Rights of the Child?


Definition of the child
(Art. 1 of the Convention)

10. Please provide information on the minimum age for legal and medical counselling and for sexual consent.


General principles
(Arts. 2, 3, 6 and 12)

11. Please indicate whether the Government is considering taking steps to raise the minimum age of marriage for girls and boys and to make that age the same for both boys and girls, in line with the provisions of article 2 of the Convention?

12. Please indicate the specific measures being taken to combat discrimination against girls, including measures to eliminate and prevent discriminatory attitudes and prejudices.

13. Please indicate the measures undertaken to overcome the difficulties faced by children speaking guarani at the school level (see para. 19 of the report).

14. What efforts are being made to collect disaggregated data on children living in the rural areas, poorer urban areas, as well as on disabled and indigenous children, as regards their enjoyment of the rights provided for under the Convention?

15. In view of the information contained in paragraphs 62 to 64 of the report, please provide clarification as to the ways in which the "best interests of the child" are taken into consideration in judicial, administrative and other proceedings, including situations of "de facto family placement" (paras. 22 and 103) and adoption (para. 102).

16. In the light of information contained in paragraphs 77 to 81 of the report, is the Government considering taking steps to ensure that the principle of respect for the views of the child is taken into account in all matters affecting the child, particularly in judicial and administrative proceedings?

17. In light of the information contained in paragraphs 80 and 81 of the report, please provide further information on the measures taken to ensure the consideration of complaints made by children or adolescents on sexual abuse.

18. Please provide information on the measures taken to promote and ensure the participatory rights of children, including within the school and local community.


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37 (a) of the Convention)

19. How is birth registration ensured, particularly in rural areas and where indigenous children live?

20. Please provide information on the right to a nationality as recognized by article 7 of the Convention.

21. Please provide information on the measures taken to ensure the implementation of article 8 of the Convention.

22. Is corporal punishment allowed in schools or other institutions for children?

23. Please provide more information on the national campaign for the prevention of abuse and ill-treatment, particularly as to how it promotes children's awareness of the ways and means by which they can inform the relevant authorities and organizations of their ill-treatment or abuse (para. 112 of the report). In addition, please provide further information on the National Campaign for the Prevention of Physical and Sexual Abuse (para. 152 of the report).

24. With reference to information contained in paragraphs 95 and 96 of the report, please provide further information on the outcome of investigations into the ill-treatment of children in detention or rehabilitation centres and on the prosecution for such offences against children. In addition, please provide information on the measures taken to prevent situations of impunity.


Family environment and alternative care
(Arts. 5, 18 paras. 1 and 2, 9, 10, 27 para. 4, 20 21, 11, 19, 39 and 25 of the Convention)

25. Have family/parental education programmes for the general public been developed?

26. Is the Government considering establishing mechanisms to monitor the status of children in those situations referred to in paragraph 113 of the report as a basis for designing appropriate programmes? Is there a need for technical assistance in this area?

27. Please provide information on the measures taken to ensure, in the light of article 10 of the Convention, family reunification for children who have been living abroad in the period which preceded the democratic regime.

28. Have programmes been developed to prevent and reduce the abandonment of children and, if so, are such programmes adequate (para. 22 of the report)?

29. In the light of article 21 of the Convention and the safeguards recognized therein, please provide information on any further measures being taken to ensure, inter alia, that the necessary authorization is given by the competent authorities; that an assessment is made of the child's status concerning parents, relatives and legal guardians; that informed consent is given by the persons concerned including, when appropriate, the child, on the basis of relevant counselling.

30. Please provide information on any measures being considered by the Government to monitor and supervise intercountry adoption. Does the Government intend to ratify the 1993 Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption?

31. Please indicate any steps being taken to provide for the regular inspection or supervision of institutions responsible for the care or protection of children (para. 114 of the report), namely in the light of article 3, paragraph 3 of the Convention.


Basic health and welfare
(Arts. 6, para. 2, 23, 24, 26 and 18 para. 3, 27 paras. 1-3 of the Convention)

32. Please provide brief details of the measures identified to improve child health care (para. 119 part (j), of the report).

33. Please provide information on the family planning measures taken as well as the occurrence and treatment of HIV among children and parents and measures taken to prevent AIDS.

34. Please indicate the progress achieved in the development of a food and nutrition monitoring system (para. 119 part (i) , of the report)


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

35. Please provide further information on the efforts being made to allow for children from poor families, particularly in rural areas, to continue their education?

36. With reference to information contained in paragraph 76 of the report, please provide details of any measures taken to implement the proposals on educational reform emanating from the meetings of the advisory commission on educational reform (para. 76 of the report) as well as from the Ministry of Education and worship (para. 128 of the report).

37. Please provide information on the measures taken to address the low rate of achievement in primary education, as recognized in paragraph 127 of the report.

38. Please provide further information on the steps taken to incorporate the subject of human rights into the school curricula and to integrate the subject into non-formal education (paras. 46, 52, and 128).


Special protection measures
(Arts. 22, 30, 32-40 of the Convention)

39. Please provide information on the implementation of article 22 of the Convention, including the legal and other measures provided for in case of refugee children or asylum seekers.

40. Please provide information on the measures taken to prevent the situation of forced enlistment of children into armed forces, as well as to ensure the effective protection of children in the military service.

41. Please provide information on any further measures being taken to ensure for juveniles the prohibition of unlawful or arbitrary deprivation of liberty and the use of arrest, detention or imprisonment as a measure of last resort and for the shortest period of time.

42. Please provide further information on the system in place for monitoring conditions in those institutions where young law offenders are being held in custody (para. 145), and for considering the periodic review of the treatment provided to the child and other circumstances relevant to the placement of the child (art. 25 of the Convention).

43. Please provide further information on the reasons for depriving children of their liberty (para. 145 of the report).

44. Please provide information on the safeguards provided for children deprived of their liberty including, in the light of article 37 (c) and (d), the consideration given to the needs of persons of their age; the possibility of prompt access to legal and other assistance and of challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority.

45. Please provide information on the measures undertaken to implement article 40, paragraph 1 of the Convention, in particular to ensure that the child is treated in a manner consistent with the promotion of his or her sense of dignity and worth, namely to ensure that the treatment reinforces the child's respect for the human rights and fundamental freedoms of others and takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

46. Please provide information on the consideration given to the implementation of article 40 of the Convention, in particular its paragraphs 3 and 4, and to the way the State party envisages the promotion of the establishment of laws, procedures, authorities and institutions specifically applicable to children involved with the system of juvenile justice, as well as alternative solutions to institutional care.

47. Please provide information on the consideration given to the recommendations made, within the framework of technical assistance programmes provided by the United Nations system, and as reflected in the report submitted to the Commission on Human Rights (E/CN.4/1994/78/Add.1, para. 38) to take into consideration the United Nations standards adopted in the field of administration of juvenile justice systems.

48. Please indicate the progress being made to develop any programmes for the implementation of article 39 of the Convention in relation to children in the system of administration of juvenile justice (paras. 136 and 137 of the report).

49. Is the Government considering taking concrete measures to improve the mechanisms for collecting data and other necessary information about children in situations of exploitation (paras. 144 and 146 of the report) and is there a need for technical assistance in this regard?

50. Are any measures in place to ensure the implementation of national legislation which lays down the minimum age for domestic employment at 15 as well as the effective protection of children in domestic employment (see paras. 54 and 103 of the report)?

51. Please indicate whether any further programmes are planned to prevent and combat the sexual exploitation of children, including prostitution, as well as to promote their physical and psychological recovery and social reintegration.

52. Please provide information on the existence of the exploitation of children from the sale and use of drugs and concrete measures to combat such exploitation.

53. Please provide further information on the affirmative action being taken to ensure that children belonging to indigenous groups are not discriminated against in the enjoyment of their rights.


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